Debate continues over zoning of Pleasant Street property

Date: 5/2/2011

May 2, 2011

By Chris Maza

Reminder Assistant Editor

EAST LONGMEADOW — A contentious zoning issue before the Zoning Board of Appeals (ZBA) continues to be delayed as it was postponed for a second time April 25, according to the office of the Planning Department.

Bill Miller, whose 20 Heatherstone Drive property abuts Nick's Plumbing & Heating, a business owned by Nicholas Chiusano at 123 Pleasant St., appealed Building Commissioner Daniel Hellyer's findings that the business not in violation of residential zoning bylaws.

The appeal, which was filed on July 15, 2010, was originally heard on April 5, but continued because Hellyer could not provide the inspection information or his report on his inspection of the property. He told Reminder Publications in February that he had been to the property during the week of Jan. 23 and said he found no violations.

At the April 25 hearing, Hellyer was still unable to locate the construction plans or inspection reports the ZBA requested, prompting a continuance until May 3.

Chiusano was granted a waiver of site plan by the Planning Board, which allows for a business to run its office out of a residential address, given that office does not constitute more than 20 percent of the habitable area of the property.

Miller has alleged that his neighbor has constructed a 60-by-70-foot garage — which the Planning Department has confirmed was built with a proper permit — and has been storing company trucks and equipment on site, which are zoning violations.

According to zoning bylaws, only one company vehicle may be on the property and it must be shielded from public view. No employees, other than the proprietor, should be on the property and no work should be done there.

This is the continuation of a long process for Miller, who enlisted the services of attorney Paul Maleck of Doherty, Wallace, Pillsbury and Murphy, P.C., to submit a formal request on May 28, 2010, for an investigation into the property within 14 days.

Miller alleged that when contacted on June 16, 2010, by Maleck in a follow up, Hellyer said he sent a letter to Chiusano requesting to inspect the property and could not enter the property without authorization.

From there, Miller filed his appeal, which was finally heard on April 5.

In the meantime, the ZBA struggled to have a quorum because four of the seven members of the ZBA recused themselves, citing either personal or professional relationships with Chiusano.